You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 20, 2017

Long Awaited Changes to the Thai Customs Act Signed Into Law

T-AB: Thai-American Business, Journal of the American Chamber of Commerce in Thailand

On May 17, 2017, Thailand published its new Customs Act B.E. 2560 (2017) in the Royal Gazette, the official journal in which new laws are announced. The Act, effective 180 days from publication, repeals the outdated and controversial Customs Act B.E. 2469 (1926) and its prior amendments.

The historic new Act represents the culmination of many years of drafts, consultations, and sometimes contentious debate. Throughout the process, the government collaborated closely with private sector partners to ensure an improved customs process. The new Customs Act joins twenty-four tax laws that the government has rewritten or amended to meet international standards in order to better support trade and investment and to improve Thailand’s transparency and competitive advantages. Ultimately, the new law is a significant step forward adding clarity and improving fairness for all parties involved in the customs clearance process.

The previous Customs Act of 1926 included a number of ambiguities, creating difficulties for corporations to ensure compliance. For example, the Customs Department defined “customs evasion” and “customs avoidance” as different offenses under Section 27 of the Act; however, the Office of the Council of State (OCS) and the Anti-Money Laundering Office (AMLO) considered “customs avoidance” a sub-offense of “customs evasion.” Similarly, the previous Act was ambiguous on officer and director liability, especially as the Act failed to define “managing director,” “managing partner,” and “person responsible for the operation of a juristic person.”

The previous Act also allowed a customs reward-sharing regime that distorted incentives during enforcement. The Director-General of the Customs Department possesses the authority to “reward” customs officials and third-party whistleblowers for reporting or otherwise successfully pursuing instances of customs evasion (smuggling) and customs avoidance (false declarations).

The reward system is in stark contrast to those practiced in many other countries such as Britain, India, and Pakistan, where rewards have strict limitations. Although a reward system can help identify customs avoidance and evasion, overly generous rewards can create incentives to pursue or facilitate wrongdoing, or introduce bias during audits and investigations.

Other troubling aspects of the previous Act included shifted burdens of proof, penalties significantly out of proportion to the alleged wrongdoing, strict liability even in cases where under-declaration of customs duty was a mistake, and an opaque post-clearance audit and appeal process.

The new Act addresses several of these substantive issues and offers relief to importers subject to the historically difficult customs environment. In enacting the new law, the Thai National Legislative Assembly acknowledged these well-known challenges and indicated the desire to resolve outdated or inconsistent provisions. The government noted that the ambiguity created difficulties not only for the private sector, but hampered law enforcement.

In addition, the government noted the growth of international trade requiring improved “customs formality and other relevant procedures in order to be efficient and consistent with international standards, which will increase [Thailand’s] competitiveness.”

A number of the changes are expected to vastly improve the customs clearance process. The new Act eliminates strict liability presumptions for customs duty evasion and now requires “willful intent” or “negligence.” Presumed liability for officers, directors, and other authorized persons is also eliminated.

The rewards regime will be revised dramatically, particularly with caps on the amounts for rewards. For example, whistleblowers will now only receive a maximum of THB 5 million.

The new Act also standardizes and sets clear timelines for post-clearance audits and Board of Appeal reviews. Under the current regime, appeals can take years to resolve. Similarly, the new Act imposes clear deadlines for the return of duty guarantees.

Another critical change includes revisions to the method for calculating criminal fines. Previously, penalties were determined using four times the combined price of goods plus the customs duty. The new calculation will be based solely on the amount of duty evaded and will be limited to a multiplier between 0.5 and four times the base amount. Courts will now have discretion in calculating criminal fines.

The new Act also introduces different degrees of penalties for different offense levels. For example, the penalty for smuggling is more severe than for duty evasion. The Act also relinquishes jurisdiction of offenses relating to restricted goods.

The new Customs Act of 2017 represents a significant improvement in fairness and clarity that will benefit not only the private sector, but the Thai government itself. Around 80 sub-regulations are expected to be announced before the new Act becomes effective in mid-November 2017.

RELATED INSIGHTS​ 

December 4, 2025
Thailand has expanded the circumstances under which state agencies may bypass competitive bidding procedures to address urgent security challenges. On November 28, 2025, Thailand’s Ministry of Finance published the Ministerial Regulation Determining Cases of Procurement by Specific Method (No. 6) B.E. 2568 in the Royal Gazette, introducing a new pathway for procuring supplies and services needed to address cyber and military threats that may affect the stability of government agencies or the nation. For technology vendors, cybersecurity firms, and defense contractors, this regulatory change creates immediate opportunities to engage directly with government buyers facing urgent security challenges. New Fast-Track Category for Security Threats The regulation amends Thailand’s Public Procurement and Supplies Management Act B.E. 2560 (2017) to add a new category of procurement that qualifies for the “specific method”—a noncompetitive, direct selection process. Previously, agencies could use this expedited method only in limited circumstances, such as emergencies, cases with proprietary technology requirements, or national security operations. The new provision explicitly covers procurement of supplies related to preventing or resolving cyber or military threats that could impact the stability of a state agency or the country. This addition recognizes the urgent nature of modern security challenges, where competitive bidding timelines may leave agencies vulnerable during critical threat windows. State agencies dealing with active cyberattacks, preparing defensive measures against anticipated threats, or responding to military security concerns can now move directly to negotiate with qualified vendors rather than conducting lengthy public tender processes. Vendor Considerations Vendors offering cybersecurity solutions now have a regulatory avenue to work directly with government clients when stability concerns are present. These solutions include threat detection systems, anti-ransomware tools, incident response services, firewalls, and security consulting. Similarly, defense contractors providing military equipment or specialized security supplies can pursue direct engagement channels where traditional procurement methods would create
December 4, 2025
Thailand’s Department of Business Development (DBD), through its Office of Central Company and Partnership Registration, has released multiple draft orders for public consultation until December 12, 2025. These draft orders aim to strengthen the business registration process, with a focus on the requirements for establishing and amending the principal office address of a partnership or limited company, verification of authorized signatories, and measures to identify and prevent registrations involving persons linked to suspicious or high-risk activities. The draft orders’ proposed requirements are outlined below. Principal Office Verification The principal office address of a partnership or limited company, including house registration code, house number, full address details, and building name, must be fully aligned with the civil registry. The registrar will strictly verify this before accepting any registration or amendment. If the address used for registration is already registered for at least five other companies, the company must submit a consent letter from the person authorized to allow use of the principal office, along with supporting documents proving the right to use the address. Signatory Certification Compliance Duties Persons certifying directors’ signatures on registration forms are responsible for verifying their identities, maintaining up-to-date information, and complying with the requirements of the DBD’s Biz Regist digital registration system. Certain supporting documents proving the qualifications of certifying persons are also required, with some exceptions for specific professional roles. Identity and qualification verification must be renewed upon the completion of one year from the date of registration as a certifying person, or if the certification credentials expire before the one-year period ends, in accordance with the verification requirements. Verification of Suspicious Parties Any partner, shareholder, or director linked to a predicate offense will be required to meet with the registrar in person for further verification steps. For all parties related to a company
December 3, 2025
Attorneys from Tilleke & Gibbins’ Bangkok office have contributed the Thailand chapter to Litigation 2026, published by Chambers and Partners. Litigation 2026 provides an overview of litigation procedures and practices across numerous jurisdictions. The guide is a key reference for businesses, in-house counsel, and legal professionals seeking to understand and compare litigation frameworks around the world. The Thailand chapter delivers analysis of 14 core areas of litigation, including: General characteristics of the legal system and court structure Litigation funding options and requirements Procedures for initiating lawsuits and pre-trial steps Discovery processes and injunctive relief Trial procedures and rules on evidence Settlement mechanisms and enforcement Damages and judgment considerations Appeal processes and cost issues Alternative dispute resolution and arbitration Developments and future outlook for dispute resolution in Thailand Each section offers practical guidance on navigating Thailand’s litigation landscape, providing useful context for international businesses and legal practitioners involved in dispute resolution matters. Chambers and Partners’ Global Practice Guides deliver expert commentary on key practice areas across jurisdictions, allowing readers to compare legislation, procedures, and practical considerations relevant to business operations. The Thailand chapter can be downloaded through the button below, and the full Litigation 2026 guide is available free of charge on the Chambers and Partners website.
December 3, 2025
Thailand’s Civil Court has issued a regulation targeting the use of artificial intelligence (AI) in the preparation of pleadings and other documents submitted to the court. Effective November 17, 2025, the regulation aligns with September 2025 guidance from the president of the Supreme Court, and aims to safeguard accuracy, transparency, and public confidence in civil adjudication. The regulation applies to all parties submitting pleadings or any documents to the Civil Court that are prepared using AI tools or contain AI-generated content. It subjects AI used for these purposes to strict requirements on verification, disclosure, and accountability. Core Obligations The regulation imposes four principal obligations: Lawyers who use AI remain subject to duties of honesty, responsibility to the court, professional standards, and legal ethics, including the duty to assess the appropriateness of the AI tool for the work. Parties and lawyers must verify the accuracy and completeness of all facts, legal provisions, and citations in AI-generated content before submission. Parties and lawyers must disclose to the court any AI-generated content by clearly marking the beginning and end of the AI-generated portion with prescribed statements (see below). Additionally, a certification confirming the use of AI must be provided at the end of the pleading or document, stating that AI was used for certain portions and that the party has reviewed and certifies the accuracy of factual and legal content. Parties and lawyers bear the same full legal and ethical responsibility for AI-generated content as they do for personally authored documents; they cannot evade responsibility or avoid liability by citing AI-related errors. Likewise, parties must ensure that any AI-generated content is truthful, accurate, and unbiased. Prescribed Disclosure Language Each instance of AI-generated content must be preceded by the statement “[The following content was prepared using artificial intelligence]” and must end with “[End